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Prejudice still at large in our courts

Posted: 03 October 2002 | Subscribe Online


Fifteen years ago, Sue Lees, for professional reasons, arrived at court to observe a murder trial. It was delayed, so she filled in time at an adjoining court. By chance, a rape trial was in process. A woman was facing a barrage of highly intrusive questions about her sexual history. Sue was appalled at the ferocity of the attack - and so a campaign was born.

It's rare in modern times for one person to be able to affect public policy but Sue, who died on September 17, aged 61, fundamentally changed the way in which rape victims are treated by British courts.
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Originally a social worker, she later moved into academia. In 1996, her book Carnal Knowledge, republished by the Women's Press, resulted in the government restricting evidence concerning a woman's past sexual history, although some judges persist.

She made several documentaries highlighting the appallingly low conviction rate and the practice of some serial rapists who befriend women, rape them within hours of meeting, and successfully argue that consensual sex has taken place. She fought for a number of reforms including specialist judges to handle rape trials.

On Monday, the Fawcett Society, which campaigns for equality, launched a year-long investigation into women and the criminal justice system. Among the factors that prompted the commission is the issue of rape and the dearth of women among senior judges - eight out of 100 in the High Court. But also welcome would be an inquiry into the judiciary's treatment of Asian men. Six young Asians are now on trial in Preston, Lancashire. They have pleaded not guilty to charges of violent disorder and carrying offensive weapons - offences allegedly carried out during the riots in Burnley in June last year. A local petition, signed by over 1,800, claims that the men were acting in defence of their community.
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Trials which followed the riots in Bradford and Oldham have resulted in draconian sentencing - young men with no previous convictions are now serving up to eight years in jail. What's required is an individual with Sue Lees' meticulous methodology to examine a range of cases involving Asian defendants and to compare outcomes and sentencing with that meted out to white males.

"An analysis of rape trials raises fundamental questions about the status of women and principles of equal rights," Sue Lees wrote. I suspect an analysis of violent disorder trials involving Asians might raise similarly disturbing worries about racism and the principle of justice.


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